A/HRC/43/40
alone. For example, the Office of the United Nations High Commissioner for Refugees
reported 138,600 unaccompanied and separated refugee children in 2018. 56 Countries do
not always record them separately from children who are present with their families,
despite the fact that children who are deprived of parental care or separated from their
primary caregiver are considered particularly vulnerable to exploitation and abuse.
82.
Migrant and refugee children often move along dangerous migration routes across
multiple countries. They are often stranded at borders or at the sea, as is the case with the
Mediterranean migration crisis,57 and refugee movements in South and South-East Asia.58
They become easy prey for smugglers, criminal groups and other abusers.
83.
Moreover, when these children have reached their destination, they encounter a
number of further difficulties, such as discrimination, limited or lack of access to basic
services and inability to claim their rights. Instead of receiving protection, many are
criminalized and placed in detention. 59 Reception centres for migrants and refugees across
the world often fail to provide adequate protection for children, and many children go
missing from these facilities. 60 Some are subjected to forced marriage, child labour,
trafficking for the purposes of sexual exploitation and survival sex, and many are homeless
or live on the streets, which further increases their vulnerability to sexual abuse. 61 Others
who are placed in detention centres are deprived of access to child protection services and
are often subjected to further abuse (see A/74/136, paras. 56–60).
84.
Despite the adoption of the Global Compact for Safe, Orderly and Regular
Migration,62 the Special Rapporteur is concerned about the continued failure of States to
ensure that all children on the move that are subjected to sale or sexual exploitation are
identified and provided with proper rehabilitation and recovery services. These children are
often excluded from national child protection systems and are not included in data
collection on instances of sale and sexual exploitation. As a result, the number of children
affected by these crimes is likely underestimated.
IV. Progress and existing gaps
A.
Institutional and legal framework
85.
As emphasized repeatedly by the Special Rapporteur, effective prevention and
response to the various manifestations of the sale and sexual exploitation of children require
first and foremost a strong child protection system. The first step is to ensure clear and
comprehensive legislation that criminalizes the sexual exploitation and related sale and
trafficking of children, recognizes their legal status as victims to access rights and services
for their care, recovery and reintegration, and offers child-friendly judicial proceedings and
remedies, including compensation.63
1.
Terminology
86.
Terminology used by States to define these crimes and respond with relevant
policies must reflect the full scope of risks. This is challenging as the sale of children and
child sexual exploitation are becoming increasingly complex and continuously evolving
phenomena in the context of global developments. Furthermore, the transnational aspect of
these crimes means that States have to use common language when collecting data and
exchanging information.
56
57
58
59
60
61
62
63
14
See the submission from UNHCR.
IOM and UNICEF, Harrowing Journeys: Children and Youth on the Move across the Mediterranean
Sea, at Risk of Trafficking and Exploitation (Geneva and New York, 2017).
UNHCR, “Refugee movements in South-East Asia”, 30 September 2019.
See Manfred Nowak, The United Nations Global Study on Children Deprived of Liberty, November
2019, pp. 430–496. For a summary of the findings of the global study, see A/74/136.
See the submission from the Lanzarote Committee.
See the submission from UNHCR.
General Assembly resolution 73/195, annex.
See the submission from the Organization of Islamic Cooperation.
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